Is the separation that occurs between spouses in Sweden—based on Swedish law which does not recognize the Saudi marriage contract—considered a legitimate divorce or not, and is it necessary to renew the legitimate contract in Sweden?

Answer Summary:

The fundamental principle in marital disputes is to resort to the Law of Allah (Sharia). It is not permissible to resort to secular courts unless absolutely necessary, such as when no Sharia courts are available.

If a woman is compelled to seek divorce for a legitimate Sharia reason and her husband refuses, and there is no Sharia judiciary, she should present her case to a trusted Islamic center for a ruling according to Sharia.

After obtaining the Sharia ruling, the case can be brought before civil courts to document the rights, provided that the civil judiciary's ruling conforms to the Sharia ruling. However, if the ruling of the Western judiciary contradicts Sharia, it is not permissible to act upon it.

Therefore, if the Swedish judiciary rules for divorce or compels the husband to divorce, this ruling holds no weight according to Sharia until the husband divorces of his own free will or a legitimate Sharia judge rules it.

The matter must be referred to a trusted Islamic center. If they affirm the Swedish court's ruling because it aligns with Sharia, the divorce becomes effective and is considered an irrevocable divorce (minor separation). However, if the divorce occurred by the husband's choice, it is a revocable divorce, and the husband can take his wife back during her waiting period (iddah).

It is recommended to speak with the husband and remind him of his duties to Allah. If he repents and there is hope for his reform, it is preferable to continue the marital life. Otherwise, divorce and return to a Muslim country, if possible, is advised.